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§ 32.119 OCCUPATIONAL DEATH.
   (A)   On death of a member resulting directly from injuries which would have qualified him or her for occupational disability, his or her surviving spouse shall be entitled to an annuity equal to 50% of the member's final rate of base salary, payable for the spouse's lifetime, but terminating if he or she remarries. If children under age 18 also survive the member, an additional 10% of such base salary shall be payable on account of each such child until the child attains the age of 18, marries, or dies, whichever occurs first. The combined payments to a spouse and children shall, in no event, exceed 75% of the member's final rate of base salary.
   (B)   On remarriage of a spouse, the annuity shall immediately terminate, and the termination shall apply for all time regardless of any future changes that may occur in marital status of the spouse. However, the annuities on account of children shall be continued until their termination as above provided, and after remarriage of the spouse the annuities to children shall be at the rate of 15% of the member's final rate of base salary, for each minor child, subject to a maximum payment on the combined annuities to all minor children equal to 50% of such final rate of base salary, and further subject to the cessation of such payments under subsection (A) above.
   (C)   If the deceased member is not survived by a spouse but is survived by one or more children, the annuities shall be at the rate of 15% of the member's final rate of base salary for each minor child, subject to a maximum payment on the combined annuities to all minor children equal to 50% of the final rate of base salary, and further subject to the cessation of such payments under subsection (A) above.
   (D)   If, at the time benefits are initially calculated under this section, larger benefits would be payable under § 32.129, the provisions of that section shall be applied. No recomputation shall be made after the date payments hereunder, for the purpose of comparison only, to reflect subsequent adjustments pursuant to this section.
   (E)   For purposes of this section, the death of a retired disabled member shall not be deemed an occupational death unless:
      (1)   He or she was retired under the provisions of § 32.122 for an occupational disability due to duty-related injuries;
      (2)   Except in the case of death causally related to the injuries for which disability retirement occurred, he or she had been retired less than 24 months at the time of his or her death; and
      (3)   He or she was married to his or her spouse at the time of the injury which resulted in the occupational disability.
   (F)   All benefits payable under this section are specifically subject to the provisions of § 32.127, and no benefits will be payable hereunder unless the provisions of that section are followed.
(1999 Lou. Code, § 36.108) (Lou. Ord. No. 91-1973, approved 6-29-1973; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004)
§ 32.120 NONOCCUPATIONAL DEATH.
   (A)   On death due to any cause other than occupational disability occurring while a member is in active service or on a retirement annuity (whether for service or disability, except as provided in § 32.119(E)), if the member has rendered at least five years of total service, his or her surviving spouse shall be entitled to a spouse's annuity equal to 100% of the benefit payable immediately prior to the death of the member, subject to the following conditions:
      (1)   The spouse shall have been married to the member at least one year prior to the member's retirement or death, whichever is earlier.
      (2)   The spouse's annuity shall terminate if the spouse remarries.
   (B)   The minimum spouse's annuity shall, in any case, be 20% of the member's final rate of base salary.
   (C)   If minor children under age 18 also survive the member, the spouse's annuity, if the children are in his or her care, shall be increased one-third on account of each such minor child, provided that the maximum payment for a spouse and children shall not exceed 75% of the member's final rate of base salary. Allowances on account of minor children shall terminate on their attainment of age 18, death, or marriage, whichever first occurs. In the event a spouse remarries, the rates of payment on account of minor children shall be increased to twice the amounts previously payable on account of such children, subject to a combined payment for all such children of 50% of the final rate of base salary of the member.
   (D)   If the deceased member is not survived by a spouse but is survived by one or more minor children, the annuity to each child shall be equal to two-thirds of the annuity that would have been paid to the widow (had there been a widow, but no children), subject to a maximum combined payment for all such children of 50% of the final rate of base salary of the member, and further subject to the cessation of such payments under subsection (C) above.
(1999 Lou. Code, § 36.109) (Lou. Ord. No. 91-1973, approved 6-29-1973; Lou. Am. Ord. No. 169-1985, approved 7-12-1985; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004; Lou. Metro Am. Ord. No. 46-2005, approved 4-27-2005)
§ 32.121 ELIGIBLE CHILDREN.
   Minor children shall include children of the blood and adopted children provided the legal court proceedings for adoption have been initiated at least one year prior to the date of death of the member.
(1999 Lou. Code, § 36.110) (Lou. Ord. No. 91-1973, approved 6-29-1973; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004)
§ 32.122 OCCUPATIONAL DISABILITY.
   (A)   On total and permanent disability occurring while in the performance of an act or acts of police duty as a member of the Police Department, a member shall be entitled to receive an annuity equal to 75 % of his or her final rate of base salary, payable until termination of disability, or death, whichever occurs first. On his or her death due to such disability, the benefits provided under § 32.119 shall be payable subject to the provisions thereof; otherwise § 32.120 shall be applicable.
   (B)   Any annuity for occupational disability shall begin to accrue as of the date of disability of the members. However, if he or she receives salary or other form of compensation from the city for absence on account of the disability, commencement of the annuity shall be deferred until payment of the salary or compensation ceases.
   (C)   In the event any member in receipt of occupational disability recovers from the disability and desires to reenter active service, the member must meet the civil service physical requirements in order to be able to return to the police force. In the event the member does reenter active service, he or she shall enter with the same seniority that he or she had attained at the time that he or she left the force due to the occupational disability.
   (D)   If, at the time benefits are initially calculated under this section larger benefits would be payable under the provisions of § 32.118(A), the provisions of that section shall be applied. No recalculations will be made after payments under this section commence in order to reflect the provisions of § 32.118(B).
   (E)   All disability annuities under this section are subject to the provisions of § 32.127, and no annuities hereunder shall be payable unless the provisions of that section are followed.
   (F)   In addition to the requirement that the disability occur while in the performance of an act or acts of police duty as a member of the Police Department, for any member to qualify for an occupational disability annuity such disability must be deemed total and permanent. A “total and permanent disability” for the purposes hereof is one which results from some impairment of mind or body that substantially precludes a person from performing with reasonable regularity the substantial and material parts of any gainful work or occupation that he or she would be competent to perform were it not for the fact that the impairment is founded on conditions which render it reasonably certain it will continue indefinitely. A member shall be considered totally and permanently disabled after the Board has received written certification by at least two licensed and practicing physicians selected by the Board that the member is totally and likely to be permanently disabled for the further performance of the duties of any assigned position in the service of the Police Department. If on consideration of the report of the physicians and such other evidence as shall have been presented to it by the member or others interested herein the Board finds the member to be totally and permanently disabled, it shall grant him or her an occupational disability retirement annuity, provided the requirements of subsection (A) above, are met. To assist the physicians in making this decision the Board may make copies of the definitions contained herein available to the physicians.
   (G)   Pursuant to KRS 79.080, any member who has completed five years or more of service as a member of the Police Department, but who is unable to perform his or her duties by reason of heart disease or any disease of the lungs or respiratory tract, is presumed to have contracted the disease while on active duty as a result of strain or the inhalation of noxious fumes, poison, or gases and shall be eligible for disability retirement under this section if he or she passed an entrance physical examination and was found to be in good health as required. However, this presumption may be rebutted and the Board of Trustees may find on the evidence presented to and heard by it that the disease was not contracted while on active duty or, notwithstanding the existence of the disease, that the member is able to perform his or her duties as a member of the Police Department. Any such member denied retirement under this section may nevertheless be eligible for retirement under § 32.123.
(1999 Lou. Code, § 36.111) (Lou. Ord. No. 91-1973, approved 6-29-1973; Lou. Am. Ord. No. 102-1977, approved 10-5-1977; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004)
§ 32.123 NONOCCUPATIONAL DISABILITY.
   (A)   On total and permanent disability of a member as the result of any cause other than occupational disability, if a member has rendered at least five years but less than 20 years of total service (if the member was first hired prior to April 1, 1985) or at least five years but less than 25 years of total service (if the member was first hired on or after April 1, 1985), he or she shall be entitled to a disability retirement annuity equal to 2% of his or her average base salary for the highest five years of service for each full year of total service subject to a minimum payment of 20% of such average base salary. Payment of this annuity shall be made during the lifetime of the member or until recovery from disability, whichever occurs first. On the death of the member, if a spouse or minor children survive, the survivors shall be entitled to the regular annuities provided under § 32.120.
   (B)   A total and permanent disability for the purposes hereof is one which results from some impairment of mind or body that substantially precludes a person from performing with reasonable regularity the substantial and material parts of any gainful work or occupation that he or she would be competent to perform were it not for the fact that the impairment is founded on conditions which render it reasonably certain it will continue indefinitely. A member shall be considered totally and permanently disabled after the Board has received written certification by at least two licensed and practicing physicians selected by the Board that the member is totally and likely to be permanently disabled for the further performance of the duties of any assigned position in the service of the Police Department. If on consideration of the report of the physicians and such other evidence as shall have been presented to it by the member or others interested herein, the Board finds the member to be totally and permanently disabled, it shall grant him or her a disability retirement annuity. To assist the physicians in making the decision the Board may make copies of the definitions contained herein available to the physicians.
   (C)   Any annuity for nonoccupational disability shall begin to accrue on the expiration of 90 days following the commencement of the disability. However, if the member is receiving salary for sick leave for a period of more than 90 days, payment shall accrue from the date the salary ceases. If written application for the annuity has not been filed with the Board prior to the expiration of 90 days from the date of disability, the annuity shall begin to accrue from the date the application is filed but not prior to the expiration of 90 days from the date of disability, nor in any event prior to the time when salary payments to the employee have ceased.
   (D)   Any member reentering active service who later retires on a service retirement annuity shall have such annuity based on all credited service including that used in the computation of the nonoccupational disability annuity, but shall not receive credit for service while in receipt of the nonoccupational disability annuity.
(1999 Lou. Code, § 36.112) (Lou. Ord. No. 91-1973, approved 6-29-1973; Lou. Am. Ord. No. 169-1985, approved 7-12-1985; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004)
§ 32.124 ADMINISTRATION OF DISABILITY ANNUITY.
   (A)   At least once every year during the first five years following the allowance of a disability annuity to any member, whether for occupational or nonoccupational causes, and at least once in every three-year period thereafter, the Board may require each disability annuitant to undergo a medical examination to be made in Louisville, or at any other place mutually agreed on, by a physician or physicians engaged by the Board. After the member has reached the 55th anniversary of his or her date of birth, the Board may waive further examination. If any examination indicates that the annuitant is no longer physically or mentally incapacitated for service in the Louisville/Jefferson County Police Department, payments of the disability annuity by the Fund shall be discontinued, and if the annuitant meets the civil service physical requirements he or she shall be immediately reemployed in the same or equivalent capacity in the Louisville/Jefferson County Police Department which he or she occupied prior to pension. Refusal of such reemployment shall immediately terminate all pension rights.
   (B)   Should any disability annuitant refuse to submit to a medical examination as herein provided, payment by the fund shall be discontinued until his or her withdrawal of such refusal, and should such refusal continue for one year, all rights of the member in any disability annuity shall be revoked by the Board. On a finding by the Board that any disability annuitant has deliberately falsified information concerning his or her physical disability, all rights of the member in any disability annuity shall be revoked by the Board.
(1999 Lou. Code, § 36.113) (Lou. Ord. No. 91-1973, approved 6-29-1973; Lou. Am. Ord. No. 102-1977, approved 10-5-1977; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004)
§ 32.125 DEATH BENEFIT.
   (A)   On the death of a member occurring while in active service, if no spouse's annuity or children's annuities are payable the designated beneficiary of the member or his or her estate shall be entitled to a death benefit equal to the total contributions made by the member, without interest, or $1,000, whichever is greater.
   (B)   On the death of a retired member, if no spouse's annuity or children's annuities are due or payable, a death benefit shall be paid to the designated beneficiary or estate of the member equal to the excess, if any, of the total contributions made by the member, without interest, over the total annuity payments received by the member. The minimum payment, if any amount is payable, shall be $500. If a spouse's annuity or children's annuities are payable after the death of the retired member, the amount of the death benefit, if any, shall be determined on termination of annuity payments to all survivors of the member, whether the termination occurs by death, remarriage, or other cause. No minimum benefit shall be payable in such a case, and payments to the survivors shall be deemed payments received by the member.
(1999 Lou. Code, § 36.114) (Lou. Ord. No. 91-1973, approved 6-29-1973; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004)
§ 32.126 REFUND OF CONTRIBUTIONS.
   On withdrawal from service prior to retirement with less than five years of total service, no benefits shall be payable to the member. On withdrawal from service prior to retirement after five years of service, a member shall receive a refund of three-fourths of the amount of the contributions made by the member without interest. Any such withdrawing member ipso facto forfeits, waives, and relinquishes all accrued rights and benefits in the system, including all credited and creditable service. The Board may in its discretion, regardless of cause, withhold payment of a refund for a period not to exceed one year after receipt of an application for a refund from the member. Any member who has received a refund shall be considered a new member on subsequent reemployment if such a person qualifies for membership under the provision hereof, unless such refund is repaid in accordance with § 32.115(G).
(1999 Lou. Code, § 36.115) (Lou. Ord. No. 91-1973, approved 6-29-1973; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004)
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